Judge Tells County To Turn Over Cash

December 5, 1986|By KIKI BOCHI, Education Writer

Broward Circuit Judge Robert Andrews on Thursday ordered county officials to turn over 1980 tax money to the public schools, ruling that the class-action suit that has kept the money tied up is an ``unreal and imaginary`` claim.

Between $14 million and $20 million is at stake, and school officials say they will be in a serious financial bind without it.

The county finance department has been holding the money pending resolution of the 1985 class-action lawsuit brought by Fort Lauderdale developer Robert Hittel and four other property owners.

The residents are fighting revised 1980 tax bills under which $43.6 million has been collected so far. They want the money returned to taxpayers.

County attorney Sue Delegal argued that the county could end up in financial trouble if the taxpayers win their suit and the money has been turned over to the school system.

Delegal said the county is only trying to do the right thing and has no desire to keep the money.

``I`m quite sure you don`t want to take the money and go to Buenos Aires,`` Andrews quipped.

County officials said about $14 million of the money collected so far is earmarked for the school system. State Department of Education officials have estimated the figure at closer to $20.3 million.

The issue came to a head when the education department, which had advanced the school system $20.3 million six years ago, decided the money had to be repaid and withheld funds from the district`s regular allocation.

State officials said they were only following state law since the money already is in local coffers.

Education officials and School Board attorney Ed Marko have argued that the pending lawsuit by residents is no reason for the county to withhold the money. Under state law, the revenue collector is required to turn over the money, Marko said.

Besides, he said, there are state laws outlining how the county could recapture the money if the residents win the lawsuit and have to be repaid.

Andrews ruled that the money should be turned over to the school system after he did his own research and decided that the residents` claim on the money was not a realistic one.

Attorney John Thabes, who represents the residents in the class-action suit, was dismayed.

``It`s inappropriate for him to announce what his ruling would be in a case that is not before him, where he has not examined the complaint or heard the testimony,`` Thabes said.